In Greene County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing a spouse to file for divorce if the other spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C. has extensive criminal defense experience and can guide you through this complex intersection of family and criminal law.
Felony Conviction Divorce Lawyer in Greene County, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted where one spouse has been convicted of a felony and has been incarcerated for at least one year. This ground does not require a waiting period, unlike no-fault divorces which require 6-month or 1-year separation. The conviction must be final and the incarceration must be ongoing or completed. The spouse seeking the divorce must prove the conviction and the length of imprisonment. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | Greene County Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing felony conviction as a ground for divorce, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on Greene County Circuit Court procedures, visit Greene County Circuit Court (Virginia Courts — official site).
In Greene County Circuit Court, prosecutors and family court judges routinely examine the timing of a felony conviction relative to the divorce filing. The court will verify the conviction is final and not on appeal.
We have observed that the court requires certified copies of the conviction order and proof of incarceration duration.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Gather documentation of the incarceration period (e.g., prison records, release papers).
- File a complaint for divorce on fault grounds at Greene County Circuit Court.
- Serve the incarcerated spouse through the correctional facility’s legal mail system.
- Attend a hearing to present evidence of the conviction and incarceration.
- Obtain a final divorce decree addressing property division, custody, and support.
In Greene County, Virginia, a felony conviction divorce under Va. Code § 20-91(3) carries no additional criminal penalty but affects marital rights, custody, and property division.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony conviction as divorce ground | Fault-based divorce ground | 1+ year imprisonment required | N/A (civil matter) | None directly | May affect custody, visitation, spousal support, and equitable distribution |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Advocacy Without Borders — our firm handles complex family law matters including felony conviction divorces in Greene County. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 4 documented case results in Greene County: all with favorable outcomes — a 100% favorable-outcome rate. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Fairfax is approximately 60 miles from Greene County Circuit Court (85 Stanard Street, Stanardsville, VA 22973), with access via Route 29 and Route 33.
Felony Conviction Divorce Lawyer near Greene County.
Serving the communities of Stanardsville and Ruckersville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
(888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Greene County
How long does a divorce take in Greene County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Greene County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Greene County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Greene County.
How much does a divorce cost in Greene County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Greene County General District Court.
Filing fee is approximately $86, with additional costs for service, Guardian ad Litem, and mediation.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Greene County Circuit Court (85 Stanard Street, Stanardsville, VA 22973) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Greene County, Virginia?
Custody in Greene County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Greene County J&DR Court handles standalone custody. Greene County Circuit Court handles custody within divorce cases. 4 total documented case results across all practice areas (favorable outcome in all reported instances).
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Greene County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
Virginia allows no-fault divorce after separation and fault grounds including felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
A lawyer may challenge evidence, examine procedural compliance, and negotiate with prosecutors.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all relevant documents.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
Penalties depend on the specific charges and circumstances under Va. Code § 20-91.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page.
Explore related family law services in nearby areas: Family Law Lawyer Albemarle County and Family Law Lawyer Augusta County.
For other legal needs in Greene County, see Franchise Lawyer Greene County and Simple Assault Defense Lawyer Greene County.
Last verified: April 2026 | Greene County Circuit Court | Va. Code § 20-91